MANGILAL Vs. RATNAPRABHA
LAWS(MPH)-1995-1-61
HIGH COURT OF MADHYA PRADESH
Decided on January 05,1995

MANGILAL Appellant
VERSUS
RATNAPRABHA Respondents

JUDGEMENT

- (1.)THE wife i. e. Non-applicant No. 1 had filed an application on 16-11-1188 in the Court of Judicial Magistrate, First Class, Alirajpur, for grant of maintenance to her at the rate of Rs. 500/p. m. as also for her daughter i. e. non-applicant No. 2 at the rate of Rs. 200/-p. m. under Section 125 of the Code of Criminal Procedure.
(2.)THE present petitioner is the husband of the opposite party No. 1 and father of the opposite party No. 2. This fact is not under dispute. The wife and the daughter have filed the application for grant of maintenance stating therein that the opposite party No. 1 was married to the petitioner in the year 1960 in accordance with the Hindu rites. The wife had given birth to two sons and a daughter. According to the wife, the daughter who has one of the applicant before the Magistrate, was minor and she lived with Applicant No. 1. According to them the opposite party Mangilal Jain is the Head Master of Government School and posted at village Sarangi. He received Rs. 1400/-per month as salary and has monthly income of Rs. 250/- from the interest from the deposit made in the Co-operative Bank. Thus, according to them the monthly income of the husband was Rs. 1690/-per month. It has been stated that for the last 3-4 years of filing of the application before the learned Magistrate, the husband was not taking care of either his wife or the daughter. The wife has further averred that she has sold all her jewellery and took a loan of Rs. 10,000/-from other persons, for treatment of her husband at Indore. The husband was suffering from mental disease. She remained in Indore Mental Hospital for about 10 months. It was stated that she was living alongwith her minor daughter Sudha and son, who was student of M. A. previous in a college at Alirajpur. Her other son is employed and did not live with her It was alleged that whenever she made demand for maintenance the husband abused her and did not permit her to live with him. On the basis of the aforesaid statements, as stated earlier, the prayer for maintenance was sought from the Court of the learned Magistrate.
(3.)THE husband filed a rejoinder to the aforesaid application and he did not dispute the fact of marriage as also that non-applicant No. 2 was his daughter. However, it was stated that the daughter was being maintained not by the mother but her brother Sudhir Kumar and the wife was also maintained by her son Sudhir Kumar. It has been stated that Sudhir Kumar worked on a part time basis in the Irrigation Department. It was further stated that till March/april month of the year 1988 his wife received half of the salary from the school itself. However, thereafter she was not living with him. Thereafter be had filed an application for stoppage of the payment of half of the salary to her and thereafter since July, 1988, she started living with their son. It has been specifically averred that he was prepared to keep his wife with him as also the daughter.


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